quod billa cassetur (kwod bil-[schwa] k[schwa]-see-t[schwa]r), n. [Latin “that the bill be quashed”] The common-law form of a judgment sustaining a plea in abatement that proceeds from a bill instead of an original writ. See CASSETUR BILLA.
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former jeopardy. The fact of having previously been prosecuted for the same offense. • A defendant enters a plea of former jeopardy to inform the court that a second prosecution is improper. Cf. DOUBLE JEOPARDY. [Cases: Double Jeopardy 132. 1.]
default judgment. 1. A judgment entered against a defendant who has failed to plead or otherwise defend against the plaintiff’s claim. [Cases: Federal Civil Procedure 2411; Judgment 92. C.J.S. Judgments §§ 195–196, 208, 235.] 2. A judgment entered as a penalty against a party who does not comply with an order, esp. an order to
Common-law pleading. A set form of words by which either party accepts or joins in a legal issue; esp., the plaintiff’s acceptance of the defendant’s issue of law.
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Law French. The corrupted form of the Norman French language that arose in England in the centuries after William the Conqueror invaded England in 1066 and that was used for several centuries as the primary language of the English legal system; the Anglo-French used in medieval England in judicial proceedings, pleadings, and lawbooks. — Abbr.
de banco (dee or d[schwa] bang-koh). [Law Latin] Of the bench. • In England, the term applied to justices of the Court of Common Pleas.
Rule 11. Civil procedure. 1. In federal practice, the procedural rule requiring the attorney of record or the party (if not represented by an attorney) to sign all pleadings, motions, and other papers filed with the court and — by this signing — to represent that the paper is filed in good faith after an
A prayer for the particular relief to which a plaintiff claims to be entitled. [Cases: Judgment 252; Pleading 72. C.J.S. Judgments § 53; Pleading §§ 110–115.]
venit et defendit (vee-nit et di-fen-dit). [Latin] Comes and defends. • The phrase appeared in old-style defensive pleading.
indefensus (in-d[schwa]-fen-s[schwa]s), n. [Latin “undefended”] Roman law. A person who fails to make a defense or plea to an action. • The term later acquired a similar meaning in English law.